On Feb. 25, Gov. Tony Evers signed into law a Senate bill that contains a liability shield protecting businesses and other entities from predatory coronavirus-related lawsuits.
Section 8 of 2021 Act 4 outlines one of the most robust COVID-19 liability shields in the country. The provision:
- Creates immunity from civil liability for an entity due to alleged injury or death from COVID-19 in the course of or through the performance of the entity’s functions or services.
- Emphasizes that this immunity does not apply if an act or omission involves reckless or wanton conduct or intentional misconduct.
- Defines an entity as a “partnership, corporation, association, governmental entity, tribal government, tribal entity, or other legal entity, including a school, institution of higher education or nonprofit organization. ‘Entity’ includes an employer or business owner, employee, agent or independent contractor of the entity, regardless of whether the person is paid or an unpaid volunteer.”
- Establishes that the immunity is retroactive to March 1, 2020, except for cases already filed by the date of enactment.
In early December, the WICPA joined a coalition of more than 70 organizations asking Gov. Evers and the legislature to approve this type of liability reform, which passed with bipartisan support.